News
For contracting authorities, joint liability with contractors for debts towards employees is always ruled out
- 17/10/2016
Art. 29 of “Decreto Legislativo” 276/2003 provides that (private) procurers are jointly liable with contractors towards the contractors’ employees for the payment of wages and social contributions related to the execution of the contract.
“Decreto Legge” 76/2013 introduced an explicit exemption from such an obligation on behalf of contracting authorities. Therefore, the joint liability is now applied only when the procurer is a private enterprise.
The Court of Turin was of the opinion that, before the entry into force of the said “Decreto Legge”, joint liability should be applied to (public) contracting authorities as well.
Instead, with judgment no. 20327 of 10th October 2016, the Court of Cassation has ruled out that provisions on joint liability are applicable to contracts made by public authorities. Indeed, according to the Court, “Decreto Legge” 76/2013 has not amended the pre-existing legislation, but has merely restated a provision which was already implicit in the original text.
Moreover, the Court has excluded that such a principle, favourable to public authorities, may be extended to private enterprises bound to comply with the “procedura di evidenza pubblica”, namely the process by which public authorities select contractors.
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